HomeMy WebLinkAboutItem 07 Amendment of Springfield Development Code Standards, Section 5.15 Minimum Development Standards, Specifically Sections 5.15-100 Purpose and 5.15-110-Applicability;AGENDA ITEM SUMMARY Meeting Date: 11/21/2016 Meeting Type: Regular Meeting
Staff Contact/Dept.: Jim Donovan, DPW
Staff Phone No: 541-726-3660 Estimated Time: Consent Calendar
S P R I N G F I E L D PLANNING COMMISSION Council Goals: Encourage Economic Development and Revitalization through Community Partnerships ITEM TITLE: AMENDMENT OF SPRINGFIELD DEVELOPMENT CODE STANDARDS, SECTION 5.15
MINIMUM DEVELOPMENT STANDARDS, SPECIFICALLY SECTIONS 5.15-100-
PURPOSE AND 5.15-110- APPLICABILITY; EXPANDING THE SIZE AND TYPE OF DEVELOPMENT PROJECTS ELIGIBLE FOR MINISTERIAL PROCESSING IN THE CITY
OF SPRINGFIELD, CASE TYP416-00002
ACTION REQUESTED: The City Council is requested to conduct a second reading, deliberate and vote on the following ordinance: AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, SECTION 5.15 MINIMUM DEVELOPMENT STANDARDS, SPECIFICALLY SECTIONS 5.15-100- PURPOSE
AND 5.15-110- APPLICABILITY; EXPANDING THE LOCATION, SIZE AND TYPE OF DEVELOPMENT PROJECTS ELIGIBLE FOR MINISTERIAL PROCESSING; ADOPTING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
ISSUE STATEMENT:
Shall the City of Springfield amend Minimum Development Standards, Springfield Development
Code Section 5.15-105(D) to enlarge the sites eligible for consideration under MDS standards from
25,000 square feet to 50,000 square feet of new impervious or gross floor area; and expand the Applicability standards at Section 5.15-110(A)(3)(a-d) to include all Commercial, Industrial,
Medium and High Density Residential Zoning Districts in the list of zones where qualifying
projects may submit for MDS review procedures.
ATTACHMENTS: 1. Staff Report 2. Proposed SDC Text Amendment
3. Planning Commission Order and Recommendation 4. Ordinance
DISCUSSION:
The Director of Development and Public Works initiates this request pursuant to City Council’s
direction to assist the Development Advisory Committee (DAC) and bring forth Development
Code revisions recommended by the DAC to improve the efficiency, and thereby the competitiveness, of Springfield’s development review procedures. After consideration of
ministerial and quasi-judicial review procedures in the course of their work the DAC recommends
the attached code revisions for Planning Commission and City Council review and consideration.
Specifically, the proposed Development Code text amendments would double the size of development sites eligible for consideration under the MDS standards and expand the Applicability standards at Section 5.15-110(A)(3)(a-d) to include all Commercial, Industrial, Medium and High
Density Residential Zoning Districts in the list of zones where qualifying projects may submit for
ministerial review procedures. If the proposed Development Code text amendments are adopted, developers may request to submit developments approximately one acre in size under ministerial
review procedures. On October 17, 2016, the City Council met in Regular Session, conducted a public hearing and
considered the attached Planning Commission Order and Recommendation of Approval and Staff Report finding compliance with the Criteria of Approval for Amendments of the Springfield
Development Code. No public testimony was received and City Council forwarded the proposal
without edits to the next available Regular Session for a Second Reading and City Council action. Council is asked to approve, approve with revisions or deny the proposed amendments. A draft
Ordinance is attached for Council consideration.
Staff Report and Findings Springfield City Council & Planning Commission Type IV Amendment to the Springfield Development Code
Hearing Date: September 20, 2016 Springfield Planning Commission
October 17, 2016 Springfield City Council First Reading
November 21, 2016 Springfield City Council Second Reading
Case Number: TYP416-00002
Applicant: City of Springfield
Project Location: Commercial, Industrial, Medium and High Density Residential Zoning Districts
Request City staff initiates this request pursuant to City Council’s direction to assist the Development Advisory Committee
(DAC) and bring forth Development Code revisions as recommended. The DAC is an ad hoc committee of the City Council appointed to review development procedures and recommend revisions with the stated goal of improving the efficiency, and thereby the competitiveness, of Springfield’s development review procedures.
Specifically, the proposed text amendments to Springfield Development Code, Section 5.15-100-110, Minimum
Development Standards (MDS) would extend the option of developing under ministerial MDS provisions to
properties up one acre in size that are located in the Commercial, Industrial, Medium and High Density Residential Districts whenever the on site conditions permit. The Planning Commission public hearing on the proposed
amendment to the Springfield Development Code (SDC) is scheduled for September 20, 2016.
Overview of Proposed Text Amendment The proposal under review is to amend Sections 5.15-100, specifically Section 5.15-105(D) to enlarge the sites
eligible for consideration from 5000 square feet to 10000 square feet of new impervious or gross floor area under Minor MDS review procedures and from 25,000 square feet to 50,000 square feet of new impervious or gross floor
area under Major MDS review procedures; and expand the Applicability standards at Section 5.15-110(A)(3)(a-d)
to include all Commercial, Industrial, Medium and High Density Residential Zoning Districts to list of eligible zones. Sections 5.15-110(A)(3)(a-d) will continue to provide the applicability, location and public notice standards
within the applicable zoning districts with minor revisions. This proposal for minor changes to the existing MDS standards only streamlines the review process for minor or simple development proposals and does not reduce any development or public notice standards. However, the minor revisions proposed may have significant efficiencies
in terms of cost and timing for the development community.
In accordance with SDC 5.6-110, amendments of the Development Code text are reviewed under Type IV
procedure as a legislative action.
Notification and Written Comments
In accordance with the Oregon Administrative Rules (OARs) 660-018-0020, prior to adopting a change to an acknowledged comprehensive plan or land use regulation, local governments are required to notify the state
Department of Land Conservation and Development (DLCD) at least 35 days prior to the first evidentiary hearing. A Notice of Proposed Amendment was mailed to the DLCD on August 12, 2016, which is more than 35 days prior to the Planning Commission public hearing on the matter.
In accordance with SDC 5.2-110.B, Type IV legislative land use decisions require notice in a newspaper of general circulation. Notification of the September 20, 2016 public hearing was published in the legal notices section of The
Register Guard on September 13, 2016. Notice will also be given at least 7 days in advance of a City Council public hearing and decision on the proposal.
Attachment 1, Page 1 of 7
Background The Springfield Development Code (SDC) is the acknowledged implementation ordinance for the City of
Springfield. The Minimum Development Standards, SDC Section 5.15, are an existing set of ministerial review
regulations for simple development projects that can demonstrate compliance with basic development standards without the exercise of legal discretion on the reviewer’s part. The Springfield Development Code and its
development review provisions are periodically reviewed, updated or revised to meet changing circumstances and
conditions in the City of Springfield. The DAC is an ad hoc committee of the City Council appointed to review development standards and recommend revisions with the stated goal of improving the efficiency, and thereby the
competitiveness, of Springfield’s development review procedures. The DAC recommended the attached MDS
revisions for Planning Commission and City Council review and consideration. These minor code changes may yield significant efficiencies to the development community if more expansions, simple re-developments and fully
served vacant sites are processed under ministerial timelines.
Criteria of Approval Section 5.6-115 of the SDC contains the criteria of approval for the decision maker to utilize during review of
Development Code text amendments. The Criteria of Development Code text amendment approval are:
SDC 5.6-115 CRITERIA A. In reaching a decision on the adoption or amendment of refinement plans and this Code’s text, the City Council
shall adopt findings that demonstrate conformance with the following: 1. The Metro Plan;
2. Applicable State statutes; and
3. Applicable State-wide Planning Goals and Administrative Rules.
A.1 Conformance with the Metro Plan
Finding 1: The Metro Plan is the DLCD acknowledged long range comprehensive plan for the City of Springfield. The adopted Metro Plan does not address land use provisions at a granular level such as
Minimum Development Standards (MDS) or its parent development review tool, Site Plan Review. At the Metro Plan level, these standards are elements of the City’s implementing ordinance, the Springfield
Development Code.
Finding 2: The Springfield Development Code is the key mechanism used to implement the goals and policies
of the City’s adopted comprehensive plan. The MDS provisions being revised under this proposal have
evolved over time as a ministerial sub-set of site plan review procedures designed to provide flexible and efficient processing of minor land developments. Section 5.15 of the Springfield Development Code provides
the existing MDS standards.
Finding 3: The Springfield Development Code provides the following role for MDS standards:
Minimum Development Standards (MDS) are intended to support economic development by minimizing City review
for minor additions or expansions, changes in approved use categories, or where land use conflicts have been
mitigated or eliminated as a result of prior development approvals, zoning or regulation. The purpose of MDS
procedures is to provide the minimum level of ministerial review that guarantees compliance with applicable
development standards. MDS approvals shall ensure compliance with specific appearance; transportation safety and
efficiency, and stormwater management standards of the Springfield is Code or other applicable regulations as
necessary to protect the public health, safety and welfare. SDC 5.15
Attachment 1, Page 2 of 7
Because the proposal is to make minor revisions to the existing SDC provisions for review procedures
without modifying the requirements to comply with all applicable development standards as adopted and
acknowledged, the specific policies and goals of the Metro plan are only indirectly applicable.
Finding 4: A fundamental objective of the Metro Plan is designing and locating public and private facilities
such that adverse impacts on neighborhoods are avoided or minimized. Public and private facilities are to be
designed and located “in a manner that preserves and enhances desirable features of local and neighborhood areas and promotes their sense of identity”. This amendment of the MDS provisions only affects the review
process for minor or simple development proposals and does not affect the standards of the Springfield
Development Code for the design and placement of public and private facilities serving individual sites or the City at large. The proposal is consistent with this objective of the Metro Plan.
Finding 5: The Metro Plan requires cities to address environmental design considerations in their development regulations, including aesthetics. In accordance with Metro Plan Policy E.6, local jurisdictions
are to carefully evaluate their development regulations to ensure they address environmental design
considerations such as safety, crime prevention, aesthetics, and compatibility with existing and anticipated adjacent land uses. This amendment of the MDS provisions only affects the review process for minor or
simple development proposals and does not affect the standards of the Springfield Development Code for environmental design considerations such as safety, crime prevention, aesthetics, and compatibility. The proposal is consistent with this policy of the Metro Plan.
Finding 6: The Metro Plan intends that planning standards will evolve over time to allow for flexibility and
creative solutions to design problems. In accordance with Metro Plan Policy E.8, site planning standards
developed by local jurisdictions are to allow for flexibility in design that will achieve site planning objectives while allowing for creative solutions to design problems. This amendment of the MDS provisions only
affects the review process for minor or simple development proposals and does not affect the standards of the
Springfield Development Code for environmental design considerations such as compact development, provision of storm water treatment, protection of riparian and groundwater resources and other inventoried
environmental resources. The proposal is consistent with this policy of the Metro Plan.
Finding 7: Metro Plan intends that the City continue to maintain procedures that maximize the opportunity for meaningful, ongoing citizen involvement in the City’s planning implementation processes consistent with Statewide Planning Goal 1. Element K, Citizen Involvement. This amendment of the MDS provisions only
affects the review process for minor or simple development proposals under ministerial standards and does not affect the requirements of the Springfield Development Code for notice of surrounding residents and owners during review of land use and limited land use procedures. The proposal is consistent with this policy
of the Metro Plan.
Conclusion: The proposal is to make minor revisions to the existing SDC provisions for MDS review procedures without modifying the requirements to comply with all applicable development standards
contained in the adopted and acknowledged implementing ordinance (SDC). The goals and policies
of the Metro Plan do not regulate development standards at this granular level. The minor revision of development standards in the Springfield Development Code in response to requests for efficiency
and flexibility is a standard function of the adopted implementing ordinance and does not materially
affect any existing Commercial, Industrial or Economic elements of the Metro Plan.
Therefore, as proposed, the Development Code text amendment is consistent with provisions and applicable
policies of the Metro Plan as implemented through the SDC and noted in the preceding findings under Criteria A.1.
Attachment 1, Page 3 of 7
A.2 Conformance with Applicable State Statutes
Finding 8: State statutes which apply to this request include those statutes requiring compliance to Statewide Planning Goals. The statute requiring compliance is ORS 197.250. This application can be deemed in
compliance by adoption of findings relating how the application conforms to each of the Statewide Goals, as
outlined in the following section.
Finding 9: The proposed text amendments would allow for ministerial review of minor or simple
development proposals, primarily on previously served or developed sites. The effect of the proposed text amendment would make the provisions of SDC 5.15 applicable to some larger sites than currently allowed. Staff finds the proposed text amendment would result in an expansion – as opposed to a reduction – in an
affected properties’ development potential. Therefore, a Measure 56 notification to property owners is not warranted with this application.
Conclusion: The applicable state statutes are limited to the land use statutes addressed below. Subject to an
affirmative finding the proposed amendments are in conformance with the applicable state statutes and
Criterion A.2..
A.3 Conformance with Applicable State-Wide Planning Goals and Administrative Rules Finding 10: Of the 19 statewide goals, staff has determined that only 5 have direct or indirect applicability to
the proposed Development Code text amendment: Goal 1 – Citizen Involvement; Goal 2 – Land Use Planning; Goal 5 – Open Spaces, Scenic and Historic Areas, and Natural Resources; Goal 9 – Economic
Development; Goal 10 – Housing. The list of statewide goals and their applicability to the requested text
amendment are outlined below. Finding 11: Goal 1 – Citizen Involvement calls for “the opportunity for citizens to be involved in all phases
of the planning process”. Staff finds that the proposed amendments have no impact on public notice or participation in land use or limited land use decisions. The proposal is to expand ministerial review
procedures which do not require notice or provide appeal rights. The Springfield Development Code provides
the Director the authority to determine when ministerial standards are eclipsed by the exercise of legal discretion at Minimum Development Standards Section 5.15-115 Review. With regard to the proposal at
hand, the proposed amendments are the subject of a legislative decision-making process with multiple public
hearings before the City’s Planning Commission and Council. The Planning Commission is scheduled to conduct a public hearing to consider the proposed amendment on September 20, 2016. The Planning
Commission public hearing was advertised in the legal notices section of the Register-Guard on August 12, 2016. The recommendation of the Planning Commission will be forwarded to the Springfield City Council for consideration at a public hearing meeting. Notification of the City Council public hearing also will be
published in the Register-Guard newspaper at least one week prior to the meeting date. Staff finds that the proposed text amendment is consistent with Goal 1 requirements.
Finding 12: Goal 2 – Land Use Planning outlines the basic procedures for Oregon’s statewide planning program. In accordance with Goal 2, land use decisions are to be made in accordance with a comprehensive plan, and jurisdictions are to adopt suitable implementation ordinances that put the plan’s policies into force
and effect.
Finding 13: The Eugene-Springfield Metropolitan Area General Plan (“Metro Plan”) is the acknowledged
comprehensive plan for guiding land use planning in Springfield. The City has adopted other neighborhood- or area-specific plans (such as Refinement Plans) that provide more detailed direction for land use planning
under the umbrella of the Metro Plan. The findings under Criteria A.1 demonstrate compliance with the Metro Plan. This proposal modifies a land use regulation (development code) and is by state law a part of the acknowledged comprehensive plan of the city (ORS 197.015 Definitions) and therefore subject to the same
Attachment 1, Page 4 of 7
public hearing process used for amendment of the Metro Plan; the process for such amendments and to which this amendment complies, is specified in Chapter IV Metro Plan Review, Amendments, and Refinements.
Finding 14: The Springfield Development Code is a key mechanism used to implement the goals and policies of the City’s adopted comprehensive plans, particularly the Metro Plan. Staff finds that the proposed text
amendment is consistent with the Metro Plan goals and policies indirectly related to land use regulation, and
does not affect City ordinances, policies, plans, and studies adopted to comply with Goal 2 requirements.
Finding 15: Goal 3 – Agricultural Land applies to areas subject to farm zoning that are outside
acknowledged urban growth boundaries (UGBs): “Agricultural land does not include land within acknowledged urban growth boundaries or land within acknowledged exceptions to Goals 3 or 4.” (Text of
Goal 3). The City has an acknowledged UGB and therefore consistent with the express language of the Goal,
does not have farm land zoning within its jurisdictional boundary. Consequently, and as expressed in the text of the Goal, Goal 3 is not applicable.
Finding 16: Goal 4 – Forest Land applies to timber lands zoned for that use that are outside acknowledged UGBs with the intent to conserve forest lands for forest uses: “Oregon Administrative Rule 660-006-0020:
Plan Designation Within an Urban Growth Boundary. Goal 4 does not apply within urban growth boundaries and therefore, the designation of forest lands is not required.” The City has an acknowledged UGB and does
not have forest zoning within its incorporated area. Consequently, and as expressed in the text of the Goal,
Goal 4 is not applicable.
Finding 17: Goal 5 – Open Spaces, Scenic and Historic Areas, and Natural Resources applies to more than a
dozen natural and cultural resources such as wildlife habitats and wetlands, and establishes a process for each resource to be inventoried and evaluated. The proposed Development Code text amendment would expand
the types of development reviewed under ministerial standards. However, the proposed amendment would
not circumvent all other code provisions for the protection of natural resources. Additionally, the city does not have a specific zoning district which it applies to inventoried Goal 5 natural resources; the presence of
these resources is completely independent of the process used to zone land. Protective measures for all of the
city’s inventoried Goal 5 resources are applicable to the resource and not unique, circumscribed or altered based on zoning classification. The proposed amendments to Section 5.100 do not modify existing
Development Code or Metro Plan policies relating to identified natural resources. The proposed text amendment does not make any changes to adopted Goal 5 natural resources development standards or protective measures adopted to comply with Goal 5 requirements. Therefore, this action does not alter the
City’s acknowledged compliance with Goal 5.
Finding 18: Goal 6 – Air, Water and Land Resources Quality applies to local comprehensive plans and the
implementation of measures consistently with state and Federal regulations on matters such as clean air, clean water, and preventing groundwater pollution. The proposed text amendment does not affect City ordinances,
policies, plans, and studies adopted to comply with Goal 6 requirements Therefore, this action does not alter
the City’s acknowledged compliance with Goal 6.
Finding 19: Goal 7 – Areas Subject to Natural Disasters and Hazards applies to development in areas subject
to natural hazards such as floodplains and potential landslide areas. Local jurisdictions are required to apply “appropriate safeguards” when planning for development in hazard areas. The City has inventoried areas
subject to natural hazards such as the McKenzie and Willamette River flood plains and potential landslide areas on steeply sloping hillsides. The proposed text amendment has no effect on City ordinances, policies, plans, and studies adopted to comply with Goal 7 requirements; development in these areas will require
conformance with all protective overlay districts therefore, this action has no effect on the City’s acknowledged compliance with Goal 7.
Finding 20: Goal 8 – Recreational Needs requires communities to evaluate their recreation areas and facilities and to develop plans to address current and projected demand. The provision of recreation services
within Springfield is the responsibility of Willamalane Park & Recreation District. Willamalane has an
Attachment 1, Page 5 of 7
adopted 20-Year Comprehensive Plan for the provision of park, open space and recreation services for Springfield. The proposed text amendment would not affect Willamalane’s adopted Comprehensive Plan or
other ordinances, policies, plans, and studies adopted to comply with Goal 8 requirements. Therefore, this
action has no effect on the City’s acknowledged compliance with Goal 8.
Finding 21: Goal 9 – Economic Development addresses diversification and improvement of the economy. It
requires local jurisdictions to conduct an inventory of commercial and industrial lands, anticipate future needs for such lands, and provide enough appropriately-zoned land to meet the projected demand. The minor text
amendments propose to expand existing applicability and efficiency measures of the Springfield
Development Code and do not affect City policies, plans, and studies for economic development. However, these minor code changes may yield significant efficiencies to the development community on a case by case
basis if more expansions, simple re-developments and development of fully served vacant sites are processed
under ministerial timelines, therefore, this action is consistent with the City’s acknowledged compliance with Goal 9.
Finding 22: Goal 10 – Housing applies to the planning for – and provision of – needed housing types, including multi-family and manufactured housing. The proposed text amendment would not affect City
ordinances, policies, plans, and studies adopted to comply with Goal 10 requirements, the proposed minor amendments are designed to improve timelines and efficiency of existing development review procedures for
additions and improvements to existing multi-unit residential development within the City’s medium and
high density residential zoning districts. Therefore, this action is consistent with the city’s acknowledged compliance with Goal 10.
Finding 23: Goal 11 – Public Facilities and Services addresses the efficient planning and provision of public services at the appropriate type and level to support planned development. The proposed amendments do not
reduce any requirements for the extension or provision of public facilities or services during development
review procedures and will have no effect on adopted and acknowledged public facilities plans. Therefore, this action has no effect on the City’s acknowledged compliance with Goal 11.
Finding 24: Goal 12 – Transportation applies to the provision of a “safe, convenient and economic
transportation system”. OAR 660-012-0060 requires that proposed amendments to a comprehensive plan or land use regulation shall consider potential impacts to existing or planned transportation facilities. The proposed text amendment does not affect the City’s ordinances, policies, plans, or studies adopted to comply
with Goal 12 requirements, therefore this action has no effect on the City’s acknowledged compliance with Goal 12.
Finding 25: Goal 13 – Energy Conservation states that “land and uses developed on the land shall be managed and controlled so as to maximize the conservation of all forms of energy, based upon sound
economic principles”. The proposed text amendment does not affect the City’s ordinances, policies, plans, or
studies adopted to comply with Goal 13 requirements. Therefore, this action has no effect on the city’s acknowledged compliance with Goal 13.
Finding 26: Goal 14 – Urbanization requires cities to estimate future growth rates and patterns, and to incorporate, plan, and zone enough land to meet the projected demands. The proposed amendment does not
affect the City’s adopted ordinances, policies, plans, or studies adopted to comply with Goal 14 requirements. Finding 27: Goal 15 – Willamette River Greenway establishes procedures for administering the 300 miles of
greenway that borders the Willamette River, including portions that are inside the City limits and UGB. The proposed text amendment does not change or nullify the requirement for development proposals to comply with the City’s existing Willamette River Greenway regulations regardless of the underlying zoning, and to
demonstrate compliance with Goal 15 requirements. Any new development on land within the Willamette Greenway would be subject to a separate land use approval process requiring compliance with the City of
Attachment 1, Page 6 of 7
Sprignfield’s Willamette Greenway Overlay District, therefore this action has no effect on the city’s acknowledged compliance with Goal 15.
Finding 28: Goals 16-19 – Estuarine Resources; Coastal Shorelands; Beaches and Dunes; and Ocean Resources; these goals do not apply to land within the Willamette Valley, including Springfield. Therefore, in
the same way that Goals 3 and 4 do not apply in Springfield, Goals 16-19 do not apply in Springfield or to
land use regulations adopted in Springfield.
Conclusion: Staff has determined and concluded that the proposed text amendment to SDC consistent with
the Metro Plan, Oregon Administrative Rules and the Statewide Planning Goals.
Conclusion and Recommendation
Based on the findings above and the criteria of SDC 5.6-115 for approving amendments to the Springfield Development Code, staff finds the proposed text amendments to Section 5.15-105(D) and Section 5.15-
110(A)(3)(a-d) are consistent with these criteria, and staff recommends that the City Council support the proposal.
Attachment 1, Page 7 of 7
Section 5.15-100 Minimum Development Standards
5.15-105 Purpose
Minimum Development Standards (MDS) are intended to support economic development by minimizing
City review for minor additions or expansions, changes in approved use categories, or where land use
conflicts have been mitigated or eliminated as a result of prior development approvals, zoning or
regulation. The purpose of MDS procedures is to provide the minimum level of ministerial review that
guarantees compliance with applicable development standards. MDS approvals shall ensure compliance
with specific appearance; transportation safety and efficiency, and stormwater management standards of
this Code or other applicable regulations as necessary to protect the public health, safety and welfare.
Minimum Development Standards include the following range of review procedures which shall be applied
subject to applicability and locational standards contained herein. The Director shall determine the
appropriate MDS approach from the following list of MDS review procedures:
A. Building Permit Only (BPO). If no additional site review or MDS procedures are required
by this Code, building permit procedures and timelines shall be used to determine compliance
with applicable standards of this Code. Applicable zoning overlay applications may be processed
concurrently with building permit applications.
B. Land Use Compatibility Inspection Application (LUCI). This ministerial planning review
and/or site inspection process may be used to demonstrate that: (1) the subject site is in
substantial compliance with previous approvals; and (2) existing improvements satisfy required
standards. LUCI process shall not be used when other provisions of MDS or Site Plan Review
apply.
C. MDS Minor Application. This process shall be used for expansions or additions on an
existing development site that do not exceed 510,000 square feet.
D. MDS Major Application. This process shall be used for expansions or additions to certain
existing development sites where the expansion or addition does not exceed 5025,000 square
feet of new impervious and/or combined gross floor area.
All MDS applications may be submitted concurrently with a complete Building Permit application; the
applicant assumes all liability and responsibility if concurrent reviews necessitate the revision of either
permit in response to ministerial review. (6274)
Attachment 2, Page 1 of 8
5.15-110 Applicability
A. MDS regulations shall apply as described below:
1. Land Use Compatibility Inspection procedures shall apply where the property is
currently in compliance with all of the standards specified in Section 5.15-120, and the
Director has verified compliance with the above standards through a ministerial land use
compatibility inspection and/or review of prior land use approvals.
2. MDS Minor provisions shall apply within all commercial, industrial and public land
zoning districts, where there is: (a) new construction, an addition or expansion on a
development site of up to 510,000 square feet; or (b) a change in land use category or
building occupancy of a structure or property. MDS Minor submittals shall comply with
the standards of Section 5.15-120 Subsections A. through H.
3. MDS Major provisions shall apply only within Community Commercial, Light or
Heavy Industrial, High Density Residential, Medium Density Residential and Public Land
and Open Space zoning districts where:
a. The proposed development does not abut a zoning district other than
Community Commercial, Light or Heavy Industrial and Public Land and Open
Space; or
ba. The proposed development area is not located within 50 feet of Low
Density rResidentially zoned or designated property (as measured from the
property line of the subject site and includingexcluding public rights-of-way); and
cb. The proposed construction, addition or expansion will not exceed 50,000
square feet of new impervious and/or combined gross floor area. 25,000 square
feet of combined gross floor area and/or substantially reconstructed impervious
area (excluding asphalt overlays); and
dc. Where the proposal will comply with the standards of Section 5.15-120
Subsections A. through I.
4. MDS provisions shall only apply to developed properties located within
Springfield’s land use jurisdiction. Development proposals that exceed the size provisions
of MDS standards shall require Site Plan Review as specified in Section 5.17 of this Code.
Attachment 2, Page 2 of 8
B. Where there is an MDS application for addition, expansion or change of use category for
a building or property containing multiple uses, the property owner may bring the entire property
into compliance with the standards specified in Section 5.15-120 or the property owner may
request that required improvements be reviewed, approved and installed in proportion to the
relative impacts of the businesses on the property.
For example, if there are 3 businesses on the property with equal impacts and there is only 1 change of
use, then approximately 1/3 of the improvements necessary for the entire development area shall be
required to be completed to serve the proposed use. Improvements mitigating identified safety concerns
shall be given priority.
Alternatively, if a multi-tenant space is being upgraded an owner may submit an MDS Major Application
where applicable proposing full improvements to the entire development site with a proposed phasing
plan stipulating a proportional percentage of the property shall comply with specified MDS requirements
for each change of use category or expansion with the intent that the total property will meet MDS
requirements over time. Upon approval of an MDS phasing plan, improvements consistent with the
approval shall be reviewed under building permit procedures. This agreement shall not exceed the MDS
timelines specified in Section 5.15-125 unless otherwise approved by the Director. (6274)
5.15-115 Review
A. LUCI and MDS applications are reviewed under the Type I review process, unless the
applicant requests or the Director finds that the proposed use should provide public notice. The
target date for MDS approvals shall be 30 days from the date of submittal.
B. Required public improvements and any additional required land use permits or approvals
shall be reviewed in accordance with this Code. (6274)
5.15-120 SDC Standards Applicable to MDS Approval
In order to grant MDS approval, the Director shall determine compliance with all applicable standards
specified below. Subject to review and approval by the Director, the applicant may request deferral of
plan details demonstrating compliance with standards of SDC 5.15-120 until Final MDS Plan Submittal,
building permit submittal or building permit occupancy as noted herein. Final approvals and/or occupancy
is contingent upon the completion of all required site improvements. Application materials shall be
submitted as required on application submittal checklists and in sufficient detail to demonstrate
compliance with the following standards:
A. A 5-foot wide landscaped planter strip, including street trees, with approved irrigation or
approved drought resistant plants as specified in Sections 4.4-100 and 4.2-140 shall be installed
between the sidewalk and parking areas or buildings.*
Attachment 2, Page 3 of 8
EXCEPTIONS:
1. Where there is an unimproved street, a 4-foot wide landscaped planter strip shall
be required to be set back 1 foot from the property line.
2. Where there is insufficient space for the landscaped strip required in Subsection
A., above due to existing buildings, street width, paved parking, changes of elevation or
location of utilities including catch basins, the Director may approve:
a. Decorative fencing located immediately behind the property line. The
fencing may be wrought iron or masonry and shall be subject to the fence height
standards of the applicable zoning district and the vision clearance setbacks of
Section 4.2-130; and/or
b. Landscaping equivalent to the amount required in Subsection A., above
may be placed at the property corners or other areas of the property that are
visible from the street.
* Property lines, setbacks and dimensioned landscape areas shall be shown on all applications;
however street trees, fencing and planting information may be noted and details deferred to Final
MDS Plan Approval or Building Permit Submittal.
B. Trash receptacles shall be screened, covered and connected to the sanitary system in
accordance with the Engineering Design Standards Manual as applicable. All outdoor storage
areas shall be screened by a structure or enclosure permanently affixed to the ground as
specified in Section 4.4-110.*
* Property lines, setbacks, and the location of covers and screens shall be shown on all
applications; however materials and construction types may be noted and details deferred to
Final MDS Plan Approval or Building Permit Submittal.
C. Bicycle parking spaces shall be added to meet the numerical standards for the
appropriate use or upgraded to meet the standards specified in Sections 4.6-140, 4.6-145 and
4.6-155.*
* Long-term and short-term bicycle parking areas may be noted on all applications; however,
details may be deferred to Final MDS Plan Approval or Building Permit Submittal.
EXCEPTION: In cases where the number of bicycle parking spaces cannot be met due to
lot/parcel size or physical constraint, the Director, in consultation with the Public Works Director,
may reduce the standard without a Variance if a finding is made that the reduction will not have
an adverse impact on public safety.
D. Parking and circulation areas shall be provided. Paving, striping and wheel stops shall be
installed as specified in Sections 4.6-100 and 4.6-120. Required paving and other impervious
Attachment 2, Page 4 of 8
surfaces on the site shall comply with on-site stormwater management standards as specified in
Section 4.3-110.
EXCEPTION: In cases where the number of vehicular parking spaces cannot be met due to
lot/parcel size or physical constraint, the Director, in consultation with the Public Works Director,
may reduce the standard without a Minor Variance if a finding is made that the reduction will not
have an adverse impact on public safety.
E. Access from the proposed development area to the public right-of-way shall comply with
Section 4.2-120.
1. Where the proposed development area abuts an improved street, any non-
conforming or unsafe driveways, as determined by the Public Works Director, shall be
removed and replaced with curb, gutter and sidewalk.
2. Where the proposed development area abuts an unimproved street, any non-
conforming or unsafe access points, as determined by the Public Works Director, shall
be:
a. Removed by the use of fencing, extruded curbs or other method of
approved barricade; and
b. The property owner shall sign an Improvement Agreement guaranteeing
future participation in a Local Improvement District.
3. If an existing driveway or access point is closed, the Director may approve a joint
use access agreement with a neighboring property as specified in Section 4.2-120.
F. Concrete sidewalks shall be installed where the proposed development area abuts a curb
and gutter street as specified in Section 4.2-135.
G. Streetlights required to serve the development area shall be installed as specified in
Section 4.2-145.
H. The development area shall connect to public utilities as specified in Sections 4.3-105,
4.3-110, 4.3-120, 4.3-125 and 4.3-130 and comply with the Springfield Building Safety Codes,
where applicable. Easements may be required as specified in Subsection 4.3-140.
I. MDS Major Approval pursuant to Section 5.15-110, Subsection A.3 shall also meet the
following submittal standards in addition to Subsections A. through H:
1. The applicant shall prepare an MDS Site Assessment of Existing Conditions
meeting the following standards:
Attachment 2, Page 5 of 8
a. The plan shall be drawn by a licensed engineer, architect, landscape
architect, or land surveyor.
b. The plan shall provide the name, location and dimensions of all existing
site features including, but not limited to, significant stands of trees,
watercourses shown on the Water Quality Limited Watercourse Map and their
riparian areas, wetlands, flood designations and slopes.
2. The applicant shall provide an MDS Site Plan meeting the following standards:
a. Prepared by a licensed engineer, architect, landscape architect, or land
surveyor.
b. Proposed building envelopes.
c. Location and dimension of proposed landscape areas including
percentage of landscaped coverage.
d. Required screening*.
e. Required street tree location and types.
f. Planting list*.
g. Dimensions of the Development Area.
h. Where applicable, location of existing planned or proposed transit
facilities*.
i. Area of all property to be reserved, conveyed or dedicated.
3. The applicant shall submit an Improvement and Public Utilities Plan meeting the
following standards:
a. Prepared by a licensed engineer where utility systems are proposed.
b. Location and width of proposed easements.
c. Location and dimensions of all existing and proposed rights-of-way.
d. Location of existing of proposed utilities and infrastructure on or
adjacent to the subject site including the following as applicable: stormwater
management systems, sanitary sewer mains, power, water mains, gas,
telephone and cable connections.
Attachment 2, Page 6 of 8
e. Drainage patterns and connection points with supporting documentation
to demonstrate the proposed system will function consistent with the City of
Springfield Engineering Design Standards and Procedures Manual.
* The applicant may request deferral of plan details demonstrating compliance with standards of
SDC 5.15-120 until Final MDS Plan Submittal, building permit submittal or building permit
occupancy as noted herein. (6274; 6238)
5.15-125 Timelines and Conditions
The property owner and/or applicant shall comply with the standards specified in Section 5.15-120 within
3 years of the Director’s approval as follows:
A. Submittal of a Final MDS Plan within 90 days of the Director’s approval, including the
following additional material, where applicable:
1. The original recorded copy of any required Improvement Agreement.
2. Where applicable, any required ODOT Right-of-Way Approach Permit shall be
submitted prior to construction of improvements with ODOT right-of-way.
3. Where approved, a copy of a recorded joint use access/parking agreement.
4. A copy of a recorded private easement or the original public utility easement.
B. The signing of a Development Agreement by the property owner within 90 days of the
Director’s Final MDS Plan approval and issuance of the Development Agreement. A Building
Permit may be issued by the Building Official only after the Development Agreement has been
signed by the applicant. No structure or site shall be occupied until all improvements are made as
specified in this Section, unless otherwise permitted below.
C. The construction of the required improvements shall begin within 2 years of the signing
of the Development Agreement. If this time line cannot be met, the applicant may submit a
written request for a single 1-year extension of the 2-year start of construction timeline specified
above.
D. If the timeline established for the start of construction in Subsection C. above is not met
and the applicant has not requested an extension, then the Director shall declare the application
null and void.
Attachment 2, Page 7 of 8
E. Upon satisfactory completion of site development, as determined by a Final Site
Inspection (prior to the final building inspection), the City shall authorize the provision of public
facilities and services and issue a Certificate of Occupancy or otherwise authorize use of the site.
F. All required improvements shall be installed prior to the issuance of a Certificate of
Occupancy or Final Building Inspection for the development, unless improvements have been
deferred for good cause by the Director as noted below:
1. A Temporary Certificate of Occupancy may be issued prior to complete
installation and approval of improvements, if security is filed with the City.
2. Required security shall equal 110 percent of the cost of the design, materials and
labor, as determined by the Director. Required security may consist of cash, certified
check, time certificate or deposit, or lending agency certification to the City that funds
are being held until completion.
3. If the installation of improvements is not completed within the period stipulated
by the Director, or if the improvements have been improperly installed, the security may
be used by the City to complete the installation, or the security may be held by the City
and other enforcement powers employed to prevent final occupancy until the
improvements are completed. Upon completion of the improvements as certified by the
Director, any portion of the remaining security deposited with the City, including any
accrued interest, shall be returned. (6274; 6238)
Attachment 2, Page 8 of 8
Attachment 3, Page 1 of 1
CITY OF SPRINGFIELD, OREGON ORDINANCE NO. ___________ (GENERAL)
AN ORDINANCE AMENDING THE SPRINGFIELD DEVELOPMENT CODE, SECTION 5.15
MINIMUM DEVELOPMENT STANDARDS, SPECIFICALLY SECTIONS 5.15-100- PURPOSE AND 5.15-110- APPLICABILITY; EXPANDING THE LOCATION, SIZE AND TYPE OF DEVELOPMENT PROJECTS ELIGIBLE FOR MINISTERIAL PROCESSING; ADOPTING A SEVERABILITY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the Metro Plan is the adopted and acknowledged long range comprehensive plan
establishing land use policy for the City of Springfield and its urbanizable area; and
WHEREAS, the Springfield Development Code (SDC) is the adopted and acknowledged implementing
ordinance for the orderly and efficient conservation and development of land and resources within the
City of Springfield’s land use jurisdiction in accordance with the Metro Plan; and
WHEREAS, SDC Section 5.15 contains Minimum Development Standards intended to support economic
development by minimizing City review for minor additions or expansions, changes in approved use
categories, or where land use conflicts have been mitigated or eliminated as a result of prior
development approvals, zoning or regulation, and the purpose of the MDS procedures is to provide the
minimum level of ministerial review that guarantees compliance with applicable development standards;
and
WHEREAS, the Common Council of the City of Springfield has appointed the Development Advisory
Committee as an ad hoc committee of the Council to review development standards and recommend
revisions thereto, with the stated goal of improving the efficiency, and thereby the competitiveness, of Springfield’s development review procedures;
WHEREAS, Staff initiated the proposed amendments on recommendation of the Development Advisory
Committee for consideration of the Springfield Planning Commission and the Common Council; and WHEREAS, the proposed text amendments to Springfield Development Code, Section 5.15-100-110,
Minimum Development Standards (MDS) would extend the ministerial MDS provisions to properties up one acre in size that are located in the Commercial, Industrial, Medium and High Density Residential
Districts whenever the on-site conditions permit; 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 amendments to SDC Section 5.15 on September 20, 2016, and voted
unanimously to recommend approval of the amendments 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 Council conducted a public hearing concerning the proposed text amendments to SDC
Section on October 17, 2016; and WHEREAS, on November 7, 2016, the 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
Attachment 4, Page 1 of 3
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 5.15-100C. andD. are amended to read:
C. MDS Minor Application. This process shall be used for expansions or additions on an
existing development site that do not exceed 10,000 square feet.
D. MDS Major Application. This process shall be used for expansions or additions to certain
existing development sites where the expansion or addition does not exceed 50,000 square feet of new
impervious and/or combined gross floor area.
Section 2. SDC Section 5.15-110A.2. and 3. are amended to read:
2. MDS Minor provisions shall apply within all commercial, industrial and public land zoning
districts, where there is: (a) new construction, an addition or expansion on a development site of
up to 10,000 square feet; or (b) a change in land use category or building occupancy of a structure
or property. MDS Minor submittals shall comply with the standards of Section 5.15-120 Subsections
A. through H.
3. MDS Major provisions shall apply only within Commercial, Industrial, High Density
Residential, Medium Density Residential and Public Land and Open Space zoning districts where:
a. The proposed development area is not located within 50 feet of Low Density
Residential zoned or designated property (as measured from the property line of the
subject site and including public rights-of-way); and
b. The proposed construction, addition or expansion will not exceed 50,000 square
feet of new impervious and/or combined gross floor area; and
c. Where the proposal will comply with the standards of Section 5.15-120
Subsections A. through I.
Section 3. Savings Clause. Except as specifically amended herein, SDC Section 5.15 shall
continue in full force and effect.
Section 4. 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 5. 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
Attachment 4, Page 2 of 3
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 ___ day of _________, ____, by
a vote of _____ for and ____ against.
APPROVED by the Mayor of the City of Springfield this ______ day of __________, ____.
_______________________
Mayor
ATTEST:
__________________________
City Recorder
Attachment 4, Page 3 of 3